Thorpe v. Housing Authority of Durham

' In -November. 1964, the petitioner became a tenant in McDougald Terrace, a federally assisted, low-rent public housing project owned and managed by the Housing - Authority of the City of Durham, North Carolina. The lease provided for a tenancy from month to month, and gave both the tenant and the Authority the right to. terminate by giving notice at least 15 days before the end .of any monthly term. On August 10, 1965, the petitioner was elected president of a McDougald Terrace tenants’ organization. The next day the Authority gave her notice of termination of her tenancy as of August 31. • The notice did not give any reasons for the cancellation, and the Authority declined to accede to the petitioner’s demands for an explanation. The petitioner refused to' vacate the premises, and the Authority thereupon brought a summary ejectment action in the Justice of the Peace Court in Durham. The Authority there obtained a judgment of eviction, which- was affirmed on appeal by the Superior Court of Durham County and the Supreme Court of North Carolina.. We granted certiorari. 385 U. S. 967. Th petitioner has remained in possession of her apartment pursuant to a stay granted by the North Carolina Supreme Court.

The petitioner contends that she was constitutionally entitled to notice setting forth the reasons for the termination of her lease, and a hearing fhereon. She also suggests that her eviction was invalid because it allegedly was based on her participation in constitutionally protected associational activities. We find it unnecessary to reach the large issues stirred by these claims, because of a significant development that has occurred since we granted the writ of certiorari.

On February 7, 1967, the Department of Housing and Urban Development issued a directive to local'housing authorities. After reciting the fact that dissatisfaction had been expressed with eviction procedures in loW-rent housing projects and that suits had been brought to challenge evictions in which the local authority had not given any reason for its action, the circular stated:

“Since this is a federally assisted program, we believe it is essential that no tenant, be given notice to vacate without being told by the Local Authority, in a private conference or other appropriate manner, the reasons for the eviction, and given an opportunity to'make such reply or explanation as he may wish.”

The circular goes on to require local authorities to keep future records of evictions, the reasons therefor, and summaries of any conferences held with tenants in connection with evictions.

While the directive provides that certain records shall. - be kept commencing with the date of its issuance, them'is no suggestion that the basic procedure it prescribes is not to be followed in all eviction proceedings that have not become final. If this procedure were accorded to the petitioner, her case would assume a posture quite different from the one now presented. Compare Wabash R. Co. v. Public Service Comm’n, 273 U. S. 126, 131; Patterson v. Alabama, 294 U. S. 600, 607; Klapprott v. United States, 335 U. S. 601.

The judgment of the Supreme Court of North Carolina is accordingly vacated, and the case remanded for such further proceedings as may be appropriate in the light of the February 7 circular of the Department of Housing and Urban Development.

/É ⅛ so ordered.

267 N. C. 431, 148 S. E. 2d 290.

In the Superior Court proceedings, it was stipulated' and agreed: “that if Mr. C. S. Oldham, the'Executive Director of the Housing Authority of the City of Durham, were present and duly sworn and were testifying,' he would testify that whatever reason there may have been, if any, for giving notice to Joyce C. Thorpe of the termination of her lease, it was not for the reason that she was elected president of any group organized in McDougald Terrace, and specifically it was not for the reason- that she was elected president of any group organized in McDougald Terrace on August 10, 1965 . . . .” '

The text of the circular is as follows:

“SUBJECT: Terminations of Tenancy in Low-Rent Projects

“Within the past year increasing dissatisfaction has been expressed with eviction practices in public low-rent housing projects. During that period a number of suits have been filed throughout the United States generally challenging the right of á Local Authority to evict a tenant without advising him of the reasons for such eviction.

“Since this is a federally assisted program, we believe it is essential that no tenant be given notice to vacate without, being told by the Local Authority, in a private conference or other appropriate manner, the reasons for the eviction, and given an opportunity to make such reply or explanation as he. may wish.

“In addition to informing the tenant of the reason(s) for any proposed eviction action, from this date each Local Authority shall maintain a written record of every eviction from its federally assisted public housing. Such records are to be available for review from time to time by HUD representatives and shall contain the following information:

“1. Name of tenant and identification of unit occupied.

“2. Date of notice to vacate.

“3. Specific reason (s) for notice to vacate. For example, if a tenant is being evicted because of undesirable actions, the record should detail the actions which resulted in the determination that eviction should be instituted.

“4. Date and method of notifying tenant with summary of any conferences with tenant, including names of conference participants.

“5/Date and description of final action taken.

“The Circular on the above subject from the PHA Commissioner, dated May 31, 1966, is superseded by this Circular.

“[s] Don Hummel

“Assistant Secretary for Renewal

“and Housing Assistance”

The superseded circular of May 31, 1966, státed that the federal authorities “strongly urge, as a matter of good social policy, that Local Authorities in a private conference inform any tenants who are given [eviction] notices of the reasons for this action.”

Although the circular does not specify the authority under which it is issued, federal authorities are given general statutory power to make “such- rules and regulations as may be necessary to carry out” federal programs for assistance to low-rent housing projects. United States Housing Act. of 1937, § 8, 50 Stat. 891, as amended, 42 U. S. C. § 1408. The legal effect of the circular, the extent to which it binds local housing authorities, and whether it is in fact applicable to the petitioner are questions we do not now decide.